Malaysia’s top court will hear a challenge from a man to the Islamic law which punishes gay sex with whipping, prison and fines. The Southeast Asian country punishes homosexuality under both national law and Islamic law. And the Federal Court case could strike down the punishment under Islamic Sharia law which only applies to Muslims.

Lawyers have not named the Muslim man, in his 30s, to protect his privacy.

He was one of 11 men arrested on suspicion of attempting gay sex during a raid on a private residence in 2018. The raid took place in Selangor, the Malaysian state which encircles the capital, Kuala Lumpur. Five of the group pleaded guilty and received sentences including jail time, caning and fines last year. However, the man says Selangor state has no power to enforce the Islamic law when gay sex is also a crime under civil laws. And now the Federal Court, the highest court, in Malaysia will hear his legal challenge.

Jail, caning and fines

In fact, Malaysia’s civil law is a legacy of the British colonial era. It bans both anal and oral sex with punishments including up to 20 years prison, caning and fines. This is called Article 377A of Malaysia’s Penal Code. Meanwhile Sharia law courts also claim jurisdiction over Muslims.

In Selangor ‘sexual intercourse against the order of nature’ attracts up to six strokes of whipping, a maximum three year jail term and a fine of up to RM5,000 ($1,168 €1,046). This is under Section 28 of the Sharia Criminal Offenses Act 1995.

If the Federal Court rules in his favor, it will help stop fundamentalists using ‘unnatural sex’ laws to target LGBT+ people. Read more via Gay Star News